Highlights
Assignment:
The Electronic Conveyancing National Law (Adoption ofNational Law) Act Appendix 2012 (NSW) (which is also adopted by Victoria) sets out the following:
9 STATUS OF ELECTRONICREGISTRY INSTRUMENTS
(1) A registry instrument that is in a form in which it can be lodged electronically under section 7 has the same effect as if that instrument were in the form of a paper document.
(2) A registry instrument that is digitally signed by a subscriber in accordance with the participation rules applicable to that instrument has the same effect as if a paper document having the equivalent effect had been executed by:
(a) if the subscriber signs under a client authorisation, each person for whom the subscriber signs in accordance with the client authorisation, or
(b) the subscriber in any other case.
(3) If a registry instrument is digitally signed in accordance with the participation rules applicable to that instrument:
(a) the instrument is to be taken to be in writing for the purposes of every other law of this jurisdiction, and
(b) the requirements of any other law of this jurisdiction relating to the execution, signing, witnessing, attestation or sealing of documents must be regarded as having been fully satisfied.
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